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3. Clarify noise standards, permit procedures, and enforcement procedures.Financial Implications: UnknownContact: Fred Medrano, Health and Human Services, 981-5100Action: Moved to Action Calendar. M/S/C( Worthington/Arreguin) to rescind first reading of Ordinance No. 7,122–N.S. adopted by Council on November 17, 2009 and adopt new first reading of Ordinance No. 7,122–N.S. to include all language adopted on November 17, 2009 and as amended to reflect the following:

Section 13.40.030(E)

If a NCO investigates a noise complaint and finds the noise level to have been mitigated to the extent technically and economically feasible, after balancing (1) the number of decibels and the amount of time the offending noise exceeds the allowed limit, (2) the number of persons affected, and (3) the cost of reducing the decibels or amount of time to come into compliance this Chapter, the EHD may deem the noise level to be in compliance with this Chapter. Such determination may be appealed to the City Manager within 30 days of the decision.

Section 13.40.080(D)

There may be instances, especially in existing older buildings, where compliance with the noise standards set forth in this Chapter may not be economically or technically feasible, and therefore, the EHD may grant administrative exceptions to those standards on a case-by-case basis after balancing (1) the number of decibels and the amount of time the offending noise exceeds the allowed limit, (2) the number of persons affected, and (3) the cost of reducing the decibels or amount of time to come into compliance this Chapter. Such determination may be appealed to the City Manager within 30 days of the decision.

3. Minutes for Approval (PDF)From: City ManagerRecommendation: Approve the minutes for the Council meetings of November 3 (Special Closed and Special Joint), November 9 (Special Closed), November 10 (Regular) and November 17, 2009 (Regular).Financial Implications: NoneContact: Deanna Despain, City Clerk, 981-6900Action: Approved minutes as submitted.

4. National Institutes of Health (NIH) Grant (PDF)From: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to participate in a grant submitted by University of California, Berkeley School of Public Health, and execute agreements, as needed, to implement the "Building Sustainable Community-linked Infrastructure to Enable Health Science Research Program" if awarded. This grant is supported by funds of the American Recovery & Reinvestment Act of 2009 (Federal Stimulus).Financial Implications: See reportContact: Lisa Caronna, Deputy City Manager, 981-7000Action: Adopted Resolution No. 64,707–N.S. Absent: Bates.

5. Amendment: FY 2010 Annual Appropriations Ordinance (PDF)From: City ManagerRecommendation: Adopt first reading of an Ordinance amending the FY 2010 Annual Appropriations Ordinance No. 7,102-N.S. for fiscal year 2010 based upon recommended re-appropriation of committed FY 2009 funding and other adjustments authorized since July 1, 2009, in the amount of $58,029,430 (gross) and $57,963,540 (net).Financial Implications: See reportContact: Tracy Vesely, Budget Manager, 981-7000Action: Adopted first reading of Ordinance No. 7,123–N.S. Second reading scheduled for December 15, 2009. Absent: Bates.

6. Formal Bid Solicitation and Request for Proposal Scheduled For Possible Issuance in the Next 30 Days (PDF)From: City ManagerRecommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager's threshold will be returned to Council for final approval.Financial Implications: Various Funds - $1,742,947Contact: Robert Hicks, Finance, 981-7300Action: Approved recommendation.

8. Grant Application - the Metropolitan Transportation Commission Grant Program for Federal Transportation Enhancement (TE) Funds to Construct Segment One of the Bay Trail Extension at the Berkeley Marina (PDF)From: City ManagerRecommendation: Adopt two Resolutions: 1 Certifying that the project is eligible for federal Transportation Enhancement (TE) funding and that the City will comply with all requirements of the TE funding; and 2. Authorizing the City Manager or his designee to: 1) submit a grant application to the MTC for a federal Transportation Enhancement (TE) grant to construct the Bay Trail Extension at the Berkeley Marina in the amount of $1,928,000; 2) accept the grant; 3) execute any resultant revenue agreements and amendments; and 4) authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.Financial Implications: See reportContact: William Rogers, Parks, Recreation and Waterfront, 981-6700Action: Adopted Resolution No. 64,708–N.S. and Resolution No. 64,709–N.S. Absent: Bates.

9. Lease Agreement: Mohammad Mohayedi, DBA Moe's Flower Shop, located at 2446 Durant Avenue in the Telegraph Channing Garage Shop (PDF)From: City ManagerRecommendation: Adopt a first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Mohammad Mohayedj, doing business as Moe's Flower Shop, for the purpose of a retail flower shop at 2446 Durant Avenue in the Telegraph Channing Garage Shops. The lease term is for the period February 1, 2010 to August 31, 2014.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300Action: Adopted first reading of Ordinance No. 7,124–N.S. Second reading scheduled for December 15, 2009. Absent: Bates.

10. Contract: R. E. Builders, Inc., for 830 University Ave. – CDBG Renovation Project (PDF)From: City ManagerRecommendation: Adopt a Resolution 1) approving plans and specifications for the 830 University Ave – Community Development Block Grant Renovation; 2) accepting the bid of R.E. West Builders, Inc.; and 3) authorizing the City Manager to execute a contract and any extensions or change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $927,600.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300Action: Adopted Resolution No. 64,710–N.S. Absent: Bates.

11. Additional 2009 Meeting for the Peace and Justice Commission (PDF)From: Peace and Justice CommissionRecommendation: To request City Council approval for an additional (eleventh) meeting in calendar year 2009 for the Peace and Justice Commission in order to fulfill the Commission's mandate to plan and convene additional community forums on local peace and justice issues.Financial Implications: NoneContact: Eric Brenman, Commission Secretary, 981-5100Action: Approved recommendation.

Action Calendar - Appeals

12. LPC Appeal: 1007 University Avenue (PDF)Administrative Record (PDF)From: City ManagerRecommendation: Remand to the LPC its June 20, 2009 Landmark Designation (No. 09-40000012) of the building at 1007 University Avenue, in order to conduct a public hearing to review the new information submitted by appellant regarding the lack of association of the building at 1007 University Avenue with Bernard Maybeck and to modify its designation decision as appropriate.Financial Implications: NoneContact: Dan Marks, Planning and Development, 981-7400

Action: M/S/C (Wengraf/Wozniak) to adopt Resolution No. 64,711–N.S. approving the City Manager’s recommendation to remand to the LPC its June 20, 2009 Landmark Designation (No. 09-40000012) of the building at 1007 University Avenue, in order to conduct a public hearing to review the new information submitted by appellant regarding the lack of association of the building at 1007 University Avenue with Bernard Maybeck and to modify its designation decision as appropriate.

15. Contract: Ecology Center for Residential Curbside Recycling Services (PDF)From: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with the Ecology Center (EC) for residential curbside recycling services in an amount not to exceed $37,020,678 for the period from January 1, 2010 to June 30, 2020; with the provision the parties may renegotiate terms and conditions as set forth in the contract starting in year 2015.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300Action: Moved to Consent Calendar. Adopted Resolution No. 64,714–N.S. authorizing the City Manager to execute a new contract with the Ecology Center (EC) for residential curbside recycling services in an amount not to exceed $37,020,678 for the period from January 1, 2010 to June 30, 2020; with the provision the parties may renegotiate terms and conditions as set forth in the contract starting in year 2015.

Public Comment – Including Items Not Listed on the Agenda – 0 speakers.

Adjournment: 10:07 p.m.

CommunicationsCouncil rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.